Notice2023-13267
Columbia Gas Transmission, LLC; Notice of Request for Extension of Time
Primary source
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Published
June 22, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 119 (Thursday, June 22, 2023)</title>
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[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Page 40795]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13267]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP17-80-004]
Columbia Gas Transmission, LLC; Notice of Request for Extension
of Time
Take notice that on June 8, 2023, Columbia Gas Transmission, LLC
(Columbia) requested that the Federal Energy Regulatory Commission
(Commission) grant an extension of time, until July 19, 2026, to
construct and operate its Eastern Panhandle Expansion Project,
originally authorized in the July 19, 2018 Order Issuing Certificate
under section 7 of the Natural Gas Act and part 157 of the Commission's
regulations (July 19, Order).\1\ Ordering Paragraph (B1) of the July 19
Order provided a deadline of July 19, 2020, to complete construction of
the facilities and making them available for service.
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\1\ See Columbia Gas Transmission, LLC, 164 FERC ] 61,036 (2018)
(July 19 Order), reh'g denied, 170 FERC ] 61,247 (2020).
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In its original application, Columbia requested authorization to
construct and operate approximately 3.37 miles of 8-inch in diameter
pipeline commencing in Fulton County, Pennsylvania, and extending
through Washington County, Maryland, to a point of delivery in Morgan
County, West Virginia. The project was designed to meet Mountaineer
Gas' request for 47,500 dekatherms per day (Dth/d) of capacity, and
Mountaineer Gas and Columbia have a binding precedent agreement
executed for the entire capacity of the project for a 20-year primary
term.
On July 8, 2020, Columbia filed a request for a three-year
extension of time, until July 19, 2023, to construct the project and
place it into service. In that filing, Columbia stated that, due to
unforeseen delays in acquiring an easement from the Government of
Maryland across the Western Maryland Rail Trail, additional time was
required in order to complete the construction of the authorized
project facilities. On August 25, 2020, the Commission granted
Columbia's request.\2\
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\2\ Columbia Gas Transmission, LLC, Docket No. CP18-116-003
(August 25, 2020) (delegated order).
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In this latest request, Columbia states that the easement in
question is still the subject of litigation pending before the U.S.
Court of Appeals for the Fourth Circuit (Fourth Circuit). Columbia
reports that, due to this litigation, Columbia is prevented from moving
forward with the construction of the project.
This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on the applicant's
request for an extension of time may do so. No reply comments or
answers will be considered. If you wish to obtain legal status by
becoming a party to the proceedings for this request, you should, on or
before the comment date stated below, file a motion to intervene in
accordance with the requirements of the Commission's Rules of Practice
and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the
Natural Gas Act (18 CFR 157.10).\3\
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\3\ Only motions to intervene from entities that were party to
the underlying proceeding will be accepted. Algonquin Gas
Transmission, LLC, 170 FERC ] 61,144, at P 39 (2020).
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As a matter of practice, the Commission itself generally acts on
requests for extensions of time to complete construction for Natural
Gas Act facilities when such requests are contested before order
issuance. For those extension requests that are contested,\4\ the
Commission will aim to issue an order acting on the request within 45
days.\5\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\6\ The Commission will not consider arguments that re-
litigate the issuance of the certificate order, including whether the
Commission properly found the project to be in the public convenience
and necessity and whether the Commission's environmental analysis for
the certificate complied with the National Environmental Policy Act.\7\
At the time a pipeline requests an extension of time, orders on
certificates of public convenience and necessity are final and the
Commission will not re-litigate their issuance.\8\ The OEP Director, or
his or her designee, will act on all of those extension requests that
are uncontested.
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\4\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
\5\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
\6\ Id. at P 40.
\7\ Similarly, the Commission will not re-litigate the issuance
of an NGA section 3 authorization, including whether a proposed
project is not inconsistent with the public interest and whether the
Commission's environmental analysis for the permit order complied
with NEPA.
\8\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
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In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (<a href="http://www.ferc.gov">http://www.ferc.gov</a>) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact FERC at
<a href="/cdn-cgi/l/email-protection#4b0d0e190804252722252e183e3b3b24393f0b2d2e3928652c243d"><span class="__cf_email__" data-cfemail="1e585b4c5d51707277707b4d6b6e6e716c6a5e787b6c7d30797168">[email protected]</span></a> or call toll-free, (886) 208-3676 or TTY,
(202) 502-8659.
The Commission strongly encourages electronic filings of comments
in lieu of paper using the ``eFile'' link at <a href="http://www.ferc.gov">http://www.ferc.gov</a>. In
lieu of electronic filing, you may submit a paper copy. Submissions
sent via the U.S. Postal Service must be addressed to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street
NE, Room 1A, Washington, DC 20426. Submissions sent via any other
carrier must be addressed to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.
The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#82cdd2d2c2e4e7f0e1ace5edf4"><span class="__cf_email__" data-cfemail="014e515141676473622f666e77">[email protected]</span></a>.
Comment Date: 5:00 p.m. Eastern Time on June 30, 2023.
Dated: June 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-13267 Filed 6-21-23; 8:45 am]
BILLING CODE 6717-01-P
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